About Bankruptcy-RealEstate-Insights
Bankruptcy-RealEstate-Insights.com is published by Vicki R. Harding. She handles commercial transactions with an emphasis on real estate and bankruptcy issues, and has been listed in The Best Lawyers in America in both Real Estate Law and Bankruptcy and Creditor-Debtor Rights Law. The Bankruptcy-RealEstate-Insights.com blog explains the mysteries of bankruptcy law to real estate and acquisition lawyers. Understanding the treatment of real estate issues in bankruptcy and the unique aspects of buying assets out of bankruptcy can be invaluable in counseling clients and developing strategies.Subscribe Via RSS
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Author Archives: BankruptcyRealEstateInsights
Lease Interpretation: “Clear and Unambiguous” Is In the Eye of the Beholder?
Woodhollow Loft, Inc. v. Sisters of St. Francis Health Services Inc., 472 B.R. 494 (N.D. Ind. 2010) – The results can be unpredictable if a lease does not precisely document the parties’ intent, leaving matters up to a court’s imagination. The … Continue reading
Treatment Under A Plan of Reorganization: What Does It Take To Discharge A Mortgage?
Acceptance Loan Co. v. S. White Transp., Inc. (In re S. White Transp., Inc.), 473 B.R. 695 (S.D. Miss. 2012) – In S. White Transportation, by remaining silent until after confirmation, a mortgagee managed to retain its lien notwithstanding the … Continue reading
Posted in Financing, Real Estate
Tagged claim determination, financing, plan of reorganization
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Mortgage Foreclosure: Beware the Automatic Stay
Kline v. Deutsche Bank Nat’l Trust Co. (In re Kline), 172 B.R. 98 (B.A.P. 10th Cir. 2012) – Under Section 362 of the Bankruptcy Code, filing a bankruptcy case automatically stays a wide variety of actions, including commencing or continuing a … Continue reading
Delinquent Property Tax Collection: Foreclosure May Be Vulnerable
Williams v. City of Milwaukee City Clerk (In re Williams), 473 B.R. 307 (Bankr. E.D. Wis. 2012) – Wisconsin has a strict tax foreclosure procedure in which the tax authority effectively obtains the property without any public or competitive bidding … Continue reading
“Strong Arm” Powers Round 3: What Happens If A Mortgage Is Recorded Before a Deed?
Olsen v. Heaver (In re Heaver), 473 B.R. 734 (Bankr. N.D. Ill. 2012) – The short story is that when a deed and mortgage are executed at the same time, but the mortgage is recorded before the deed, the recorded mortgage … Continue reading
Posted in Financing, Real Estate
Tagged avoidance action, financing, strong arm powers
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Automatic Stay Is Not Absolute: You Can Still Go To Jail
In re D’Mello, 473 B.R. 207 (Bankr. E.D. Mich. 2011) – Although the stay that automatically arises under Section 362 of the Bankruptcy Code when a bankruptcy petition is filed is very broad, there are exceptions, including actions to enforce … Continue reading
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